Laws to protect the national security of our country should include vetting of presidential candidates. Vetting in this context means to thoroughly investigate someone to insure they’re suitable for a job requiring great responsibility and trustworthiness. Shouldn’t the job of the American presidency demand such scrutiny? Serious questions emerged concerning presidential power after Trump’s election.

Trump’s disregard for the rule of law is evident.

  Trump refused to abide by Emoluments Clause, meant to guard against corruption. His first day in office, Trump was sued for violation of our constitutional rules. (Eisen)

 Jared Kushner’s appointment as Trump’s top advisor is blatant disregard for Federal Anti-Nepotism Statute. (Bomboy) Trump also employed his daughter, Ivanka Kushner as a personal advisor. (BBC)

 Argument is the White House is not an agency of Executive Branch, so claiming Federal Anti-Nepotism Statute does not apply. (Bomboy) Also the statue pertains to employed agents; therefore, Kushner may not be bond. (Bomboy) Federal Anti-Nepotism Statute was instituted by Congress, which raises questions whether Congress may impose the statute on the White House. (Bomboy)

Most of us must meet educational requirements for certain jobs. Why shouldn’t our future presidents be required to have a degree in constitutional law? I find Trump’s lack of education and experience in government alarming.

Vetting should also include psychological and physical health examinations. USA today reported many psychiatrists feel it is their patriotic duty to voice their concerns about our president’s mental health. (Gartner) Thankfully, America’s psychiatrists are confirming what most Americans suspected, Trump is unstable.

One may be justified thinking this is a valid reason for removal from office. The 25^th Amendment allows the Vice President, with proper votes in Congress, to remove the president for any valid reason. (U.S. Const. Amend. XXV) It is a serious national security risk to have a president in office that continually lies and is mentally unbalanced. The Republican majority in power doesn’t have the political incentive to pursue this option.

Conflict of interest issues still reside with regard to Trump’s business interests abroad. Transparency is critical for a president; therefore, all financial and business interests should be disclosed before being able to campaign for the presidency. Once a candidate becomes president, he or she must divest entirely from outside conflicts of interest.

Trump will not release his tax returns; because, it is not legally required. (Wood) At present it is only a tradition that presidential candidates release their tax returns. (Wood) We see how Trump steps on tradition for preservation of power and gain.

Senate Finance Committee Ranking Member, Ron Wyden (D-OR) introduced a bill, requiring presidential candidates to release the recent past three years of tax returns to the Federal Election Commission (FEC) within 15 days of becoming the nominee at the party convention. (Phillips) Whether the Republicans are willing to pass this bill is questionable.

In retrospect, many of our presidents abided by governmental traditions and respected the values represented behind them. Reality is, we had several presidents who have not abided the law or followed traditions of our nation. President Clinton’s directives revealed departures from practices of former presidents. (Gaziano) Clinton’s had disproportionate number of executive orders that were illegal or issued to further an improper policy. (Gaziano) President Clinton had serious issues with perjury and obstruction of justice that caused his impeachment. (Gaziano) Nixon resigned before being impeached for obstruction of justice.

Presidents have incentives to abuse constitutional ambiguity to expand their own power. (Moe) Constitutional ambiguity with regard to presidential power should be re-examined and curtailed to insure full compliance and honesty.

Presidents should seek truth before power for the sake of credibility and national security. A presidential candidate’s reputation for truthfulness, ethical behavior and civic responsibility within the history and context of their lives should be examined.

It is time for Americans to demand an amendment to ensure strong vetting of future presidential candidates. Constitutional law must make sure presidential power is properly limited to protect our democracy.

By Anya Morgan, (unedited version)

Published edited version under title – “Time to rethink presidential eligibility” on  January 23, 2018 by Cape Cod Times

(661 words)

Work Cited: Presidential Vetting for National Security

BBC World-US-Canada, President Trump’s daughter, Ivanka to get White House office. (2017,March) Retrieved from http://www.bbc.com/news/world-us-canaada-39335887

Bomboy, Scott, (2017, January). Kushners-appointment-brings-attention-to-anti-nepotism-law. (Web Blog Post) Retrieved from https://constitutioncenter.org

Cornell University Law School, US Code 3110, Employment of relatives, Federal Anti-Nepotism Statue, Retrieved from Cornell University Law School, Legal Information Institute website: https://www.law.cornell.edu/uscode/text/5/3110

Eisen, Norman L. and Painter, Richard W., (2016/12) Trump-could-be-in-violation-of-the-constitution-his-first-day-in-office. The Atlantic. Retrieved from http://www.theatlantic.com.

Gartner, John (2017,May) Trump malignant narcissism is toxic: Psychologist, retrieved by https://www.usatoday.com/story/opinion

Gaziano, Todd F., (2001, Feb) The Abuse of Executive Orders and Other Presidential Directives, The Heritage Foundation, legal memorandum, executive summary, Retrieved from http://www.hertiage.org

Moe, Terry M. and Howell William G., (1999, December) Unilateral Action and Presidential Power: A Theory, Sanford University, Center for the Study of the Presidency, Presidential Studies Quarterly 29, no. 4.

Philips Erb, Kelly, (2016,May). Senate Bill Would Require Presidential Candidates, Including Trump, To Release Tax Returns. Retrieved from: https://www.forbes.com

Wood, Robert, (2016 May) Top 10 Reasons Trump should not release his tax returns. Retrieved from https://www.forbes.com

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